Affordable Legal Advice and Paralegal Services in South Africa Contact Us

n our last two blogs we have been looking again at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) and more particularly section 55 & 56 of that Act of Parliament.

As we now know; we, as consumers, have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale.

This choice has to be formally communicated to the seller, your rights fully explained and the reasons given for your advices to the effect that the goods in question are either damaged or defective as per the relevant provisions of the Consumer Protection Act (CPA). If a formal legal process is not followed the service provider will quite rightly simply ignore your protests and is entitled to do so.

One of the questions that arises from this choice by the consumer however is this:

“What happens if I choose to have the item repaired; and the supplier does so; and that does not solve the problem to my satisfaction? “

“Can I then again choose a refund or a replacement?”

The answer is usually: “No.”

It is clear that you cannot simply keep on making a choice or choices until you are entirely satisfied. That is not the intention of the implied warranty. As the saying goes: “You only have one bite at the apple!” The service provider will be very quick to point this out to you; and will insist; that he has now complied with his obligations in terms of section 56(2) of the Consumer Protection Act and has no further legal obligation to you.

However; if you formally choose a repair; then section 56(3) comes into play after the repair is affected.

Section 56 (3) of the Consumer Protection Act, No 68 of 2008 reads as follows:

“If a supplier repairs any particular goods or any component of any such goods, and within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must: - (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.”

This subsection is again very wide; and again gives you an implied warranty on the repaired goods for a further 3 months; not only in respect of the repair for that particular repair but also extends it further to any other defect that may arise or come to your notice within that same 3 month period.

It is important to note that this extension of the implied warranty on goods only applies in the event of a repair and does not apply should your first choice have been a refund ( for obvious reasons) or a replacement item. The act is silent on whether the replacement item is also subject to the implied warranty created by Section 55 and 56 of the Consumer Protection Act. We would argue that it is; because of the very wide terminology used by the legislature in section 56(2) of the Act.

Once again we emphasise that if you have a problem deal with it via the formal legal process and do not attempt to do so yourself.

Finally; we have section 56(4) on the implied warranty which is self-explanatory and states:

“The implied warranty imposed by subsection (1); and the right to return goods set out in subsection (2) are each in addition to: - (a) any other implied warranty or condition imposed by the common law, this Act, or any other public regulation; and (b) any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.”

This means that the implied warranty is over and above any other statutory warranty or manufactures guarantee and is in addition to any such warranty.

Suppliers have tried to argue that if they give you a written guarantee that this guarantee replaces the warranty created as contained in the Act.

This subsection makes it clear that that argument does not hold any water; and is both factually and legally incorrect.

If you have any queries in this regard; please email us and we will reply as stated below.

Please also visit our website at to see more detail and inform yourself as to who we are and how we work.

Should you have any queries please send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert as soon as possible.

Should you otherwise wish to comment on this or any other legal topic; please also just send us an e-mail; and we will respond within 48 hours.

Thank you.

The Legal Advice Office Team.

Subscribe to our Legal Advice Blog

Follow our weekly Blogs:
To Subscribe to our Legal Advice blog is simple and easy. Just type your email address at the bottom and click GO

News Feed

Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832

Like what you see?


Hit the buttons below to follow us, you won't regret it...